Friday, December 19, 2003


Yahoo! News - Court Rulings Slam Bush's Terror Strategy
SAN FRANCISCO - Two federal courts ruled that the U.S. military cannot deny prisoners access to lawyers or the American courts by detaining them indefinitely, dealing twin setbacks to the Bush administration's strategy in the war on terror.

One of Thursday's rulings favored the 660 "enemy combatants" held at the U.S. naval base at Guantanamo Bay, Cuba. The other involved American citizen Jose Padilla, who was seized in Chicago in an alleged plot to detonate a radioactive "dirty bomb" and declared as an enemy combatant.

In Padilla's case, the New York-based 2nd U.S. Circuit Court of Appeals ordered the former gang member released from military custody within 30 days and if the government chooses, tried in civilian courts. The White House said the government would appeal and seek a stay of the decision.

In the other case, a three-judge panel of the San Francisco-based 9th U.S. Circuit Court of Appeals ruled that prisoners held at Guantanamo Bay Naval Base should have access to lawyers and the American court system.

The White House said the ruling was inconsistent with the president's constitutional authority as well as with other court rulings.

This is shaping up to be an interesting battle. Are we going to let "due process" fall by the wayside?